Terms and conditions of the agreement

1. Ownership of the goods. The goods remain the property of John Packer Ltd until paid for in full. You must not sell or dispose of them. This agreement is not transferable by the hirer.
2. Period of hire. You agree to hire the good until the end of the minimum hire period stated overleaf or until expiry of any notice period whichever is the later.
3. Payment. By signing this agreement you agree to make payments, as set out overleaf, by the specified dates direct to our bank account. You agree that in the event of your default that we can deduct the appropriate amount from the credit card details that you have given. Likewise for any other sums that might become outstanding during the currency of this agreement.
4. Variation of charges. We reserve the right to vary the rentals at any time to take account of a change in the rate of VAT. You will be notified in writing of any change in this respect.
5. Failure to pay on time. Goods are not insured and will not be maintained during periods of arrears. We have the right to charge interest at a rate of 10% per annum which will be calculated on a daily basis pro rata between the date the payment(s) falls due until payment(s) is received.
6. Place where goods are kept. Whilst you may take the goods out of your property for the purposes of school lessons, concerts etc., you should keep the goods at your place of residence as stated overleaf at all other times. They must not be left unattended elsewhere.
7. Care of the goods. You must use the goods in a careful and proper manner and keep them in working order. You may not interfere with the goods except where this is clearly to be deemed appropriate for the good upkeep of the goods.
8. Insurance against loss or damage. The instrument is covered against accidental loss or damage (including fire and theft) anywhere within the UK until such time as it is purchased or returned to John Packer Ltd. An excess of £50 will be applied in all cases of loss or damage to an instrument. Cover does not include: damage due to misuse; abuse; negligence; repair or restoration (or cost of same) by party or parties other than John Packer Ltd.; effects of climate or extremes of temperature; items left in unattended vehicles; theft by any person to whom the instrument is entrusted. Insurance cover only applies during the currency of this agreement and given that all the terms and conditions thereof have been adhered to. Settlement will be based on repair or replacement at our discretion.
9. Maintenance. You must notify us when the goods require maintenance or adjustment. We undertake within the terms of this agreement to maintain the instrument in good working order. This does not include repairs or restoration due to misuse, abuse or negligence. All repair, restoration or servicing must be carried out by our own staff. If, at any time, we decide that it is no longer practical to keep the goods in working order, we may either 1) replace the goods by other goods as similar as possible or identical to those replaced or 2) end this agreement by giving you 1 months notice in writing. If we end this agreement under section 2) you must let us collect the goods. You will not be liable for rentals falling due after such termination and will be entitled to recover any rental paid in advance in respect of the period falling after the termination. This clause will not affect your statutory rights. You are responsible for any costs associated with getting the instrument to and from our premises for maintenance.
10. Right to end this agreement. You or we may end this agreement by giving one months notice in writing expiring at or after the end of the minimum hire period. You must then return the goods, or make them available for collection by us, at your expense.
11. Our further right to end the agreement. We may end this agreement and take back the goods, after giving you written notice, if at any time a) you fail to pay any amount within 14 days of its due date or commit any other breach of your obligations; b) you have an interim or bankruptcy order made against you or you petition for your own bankruptcy, or are served with a creditors demand under the Insolvency Act 1986 or the Bankruptcy (Scotland) Act 1985, or make a formal composition or scheme with your creditors, or call a meeting of them; c) execution is levied or attempted against any of your assets or income or, in Scotland, your assets are poinded or your wages arrested; d) the landlord of the premises where the goods are kept threatens or takes any step to distrain on the goods or, in Scotland, exercises his right of the Hypothec over the goods; e) you have given any false or misleading information in connection with your entry into this agreement; f) the goods are destroyed or the insurers treat the claim under the policy on a total loss basis.
12. Your liability if we end this agreement. If we end this agreement you must pay us all rentals up to the date when this agreement comes to an end. If we end this agreement under clause 11. before the expiry of the minimum hire period you must also pay us a sum equal to the rentals for the period remaining to the end of the minimum hire period less any rentals obtained by us during this period by reletting the goods and any other deduction which we may consider reasonable.
13. Expenses. You must repay on demand our expenses and legal costs for: a) finding your address if you change your address without first informing us or finding the goods if they are not at the address given by you; b) taking steps, including court action to recover the goods or to obtain payment for them.
14. General provisions. a) The word 'goods' includes any replacements, renewals or additions made to them by us or by you with our prior written consent. b) No relaxation of indulgence, which we may grant you, shall affect our strict rights under this agreement. c) We may transfer our rights under this agreement.
15. When this agreement takes effect. This agreement will only take effect if and when it is signed by us.